Yashwant Kannaujia Actual Name Yashwant Singh Kannaujia v. State of U.P Thru. Addil. Chief Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12866 of 2023 Applicant :- Yashwant Kannaujia Actual Name Yashwant Singh Kannaujia Opposite Party :- State Of U.P Thru. Addil. Chief Secy. Home Lko. Counsel for Applicant :- Pranshu Agrawal,Chandan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Pranshu Agrawal, learned counsel for the applicant as well as Sri Sanjay Maurya, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 119 of 2023, under Sections 120-B/ 409/ 420/ 467/ 468/ 471 I.P.C. registered at Police Station-Hazratganj, District-Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.03.2023 against 18 named persons, not including the applicant, and some unknown persons, alleging fraudulent payment of post matriculation scholarship to 17 ineligible candidates of 10 named institutes. Amongst other institutes, Jagdish Prasad Verma Higher Secondary School, Gausganj, Hardoi is also mentioned in the F.I.R., of which Vivek Kumar is said to be the Manager and person responsible for wrongful disbursal of the scholarship.

¶4During investigation, the Investigating Officer recorded that the applicant is related to the Manager of the college, Vivek Kumar as his brother-in-law and he had given the login password and ID of the college to co-accused Ravi Prakash Gupta, who is employed in Hygia College.

¶5In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is neither named in the F.I.R., nor does he hold any position in any of the colleges; he has been implicated because it came to light during investigation that he is related to Manager of a college as brother-in-law, the login password and ID of which college was used by some employee of another institute; that the charge sheet already has been submitted; that the applicant has no previous criminal history and he is languishing in jail since

16.08.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Yashwant Kannaujia Actual Name Yashwant Singh Kannaujia be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 1.11.2023 Gurpreet Singh High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench